McM v McM [2005] NIMaster 28 (8 December 2005)

McM v McM [2005] NIMaster 28 (8 December 2005)

Due to significant departure from equality, Petitioner’s Calderbank offer falling well short of Respondent’s entitlement, and asset dissipation in breach of undertaking, the court exercised discretion to order Petitioner to pay 60% of Respondent’s costs from the expiration of Legal Aid certificate.

Source-derived case information.

Citation
[2005] NIMaster 28
Parties
Petitioner: McM; Respondent: McM
Jurisdiction
Northern Ireland
Judgment Date
08 December 2005
Procedural Posture
Family Law Matrimonial Financial Remedy / Post Substantive Judgment, Costs Determination
Outcome
Petitioner ordered to pay 60% of Respondent’s costs from 30 November 2004.
Legal Topics
Matrimonial Property Division, Costs Orders, Legal Aid, Calderbank Offers
Family Law Matrimonial Property Division Costs Orders Legal Aid Calderbank Offers

Source-derived case record

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 2 Authorities cited 8 Party arguments 2 Amounts and remedies 6
Sign in to unlock

Parties

McM

Petitioner

McM

Respondent

Procedural Posture

Family Law Matrimonial Financial Remedy / Post Substantive Judgment, Costs Determination

Legal Issues

  1. 1 Appropriate costs order in matrimonial financial remedy proceedings with significant departure from equality
  2. 2 Effect of Legal Aid and Calderbank offers on costs
  3. 3 Impact of asset dissipation in breach of undertaking

Ratio Decidendi

Due to significant departure from equality, Petitioner’s Calderbank offer falling well short of Respondent’s entitlement, and asset dissipation in breach of undertaking, the court exercised discretion to order Petitioner to pay 60% of Respondent’s costs from the expiration of Legal Aid certificate.

Court Disposition

Petitioner ordered to pay 60% of Respondent’s costs from 30 November 2004.

Orders

  • Petitioner to pay 60% of Respondent’s costs from 30 November 2004